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Been There, Done That

Well now, hasn’t this whole lobster plan situation turned into a fine kettle of lobsters?  The recent Massachusetts decision to put all its lobster area plans on hold has, to say the least, caused an earthquake throughout the range of lobster nation.  The Atlantic States Marine Fisheries Commission has passed its Addendum III to the lobster plan and under the rules in the Atlantic Coastal Act, all states are required to comply.  So, what is Massachusetts’ problem?

The Division is faced with what it considers a very complicated situation because it is at the junction of four different management areas.  Areas 1,2,3 and Outer Cape all have fishermen who land in Massachusetts.  Each of those areas have different plans.   Confusion, maybe, but not undoable.  Actually, they’re probably just as workable as some of the other fishery regulations now in place for other state fishery management programs.  One could look at the current regulations for striped bass, groundfish, scup, sea bass and the list goes on.  Suffice to say those rules are just as complicated.

As we have mentioned before, the Commonwealth is also at the junction of all three lobster stock areas, the Gulf of Maine, Georges Bank and Southern New England and all those stock areas have been assessed at different levels of “overfished” or where “overfishing” is occurring.  The management goal for each area, however, is the same, that “infamous” 10% number again.  The Area teams of fishermen were told to design plans to reach that goal.  They did but naturally, the plans were different because one plan just wouldn’t work for everyone.

At the public hearings there were some comments heard in support of having the same rules for everyone.  Sounds good, doesn’t it?  The problem here was that most of those who voiced that opinion wanted their plan for everyone and not the other guys plan for them.  They also may not have understood that for all areas to reach their goals, some needed to do more then others.

Okay, let’s talk but for these teams, they’ve Been There, Done That.  Maybe the state can forget the 4.3% or 6. Something or 8 point whatever biological starting points and that 10% goal figure and formulate a “we all feel the same” plan.  Maybe the technical team can be asked to leave the room.

One must remember, however, that with the gauge increase concept, Area 2 bought out of their problem, the Outer Cape and Area 3 needed even more so they planned to reduce traps.  In Area 1,  the points to be gained with a gauge size increase wasn’t even worth discussing. Then there was the marketing side nightmare that the Boston distribution system would face if the whole state went up on the minimum size and dealers couldn’t bring in Maine or Canadian smaller sizes in order to compete in the world lobster marketplace.  When discussing trap reduction ideas, one will inevitably end up with much of the same debates that several area fishermen teams have already agonized through.  Their trap reduction proposals have already sparked dissension and their administrative elements have been part of the complications worrying the state agency.  If such a system is too complicated to implement for an area as small as the Outer Cape, how would it be less confusing if the whole state had a similar plan?

These are the complications related to Massachusetts’ decision to take no action and perhaps a good reason to have those meetings and some serious talks between the Division of Marine Fisheries and the Lobster Conservation Management Teams.  The LCMTs have worked hard and maybe they can explain how long they have been there and have been doing that already.

Failure to implement some plan has other repercussions as well.  It raises the issue of failing to meet a reproduction goal set forth in a major management plan.  It raises a real threat of non-compliance action from the ASMFC.  It also raises the spectra of lawsuits by conservation groups similar to the groundfish case.

Getting the state and its fishermen past the wrath of all the other states at the ASMFC management table will be a major task.  Other fishermen from the other states will be watching what will happen here.  Participants in other fishery management plans from all the states will also be watching what happens to a lobster plan designed by fishermen and how the State of Massachusetts’  ultimately reacts to those types of plans.

Didn’t Massachusetts do this before, in 1776 but in this case, are we firing at ourselves?

Bill Adler
Executive Director

05/02


 
 
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